Demurrer to Evidence sample form

REPUBLIC OF THE PHILIPPINES NATIONAL CAPITAL JUDICIAL REGION REGIONAL TRIAL COURT BRANCH 27 MANILA PEOPLE OF THE PHILIPPINES Plaintiff, - versus – PEDRO CRUZ, Accused. x - - - - - - - - - - - - - - - - - - - - - - - - - - - - Criminal Case No.: 07-14344

For: Violation of PD1866

DEMURRER TO EVIDENCE The ACCUSED, by counsel, with leave of court previously obtained, respectfully submits this Demurrer to the Prosecution's Evidence on the ground that the prosecution has failed to adduce sufficient evidence of his guilt to overcome the presumption of innocence and shift the burden of proof. 1. Under the Constitution, the accused is presumed to be innocent until proven guilty. The effect of this presumption is that it entitles the accused to not say anything in his defense and places the burden directly on the prosecution to prove everything relative to his guilt. Thus, the prosecution must rely on strength of its evidence and not wait for the accused to offer any defense It is only in the event that the prosecution after resting its case has adduced sufficient evidence of guilt that the burden of proof shifts to the accused. 2. The prosecution has failed to adduce sufficient evidence of guilt such as would shift the burden of proof. 2.1 The accused is charged with violation of PD 1866; the gravamen of the offense is unauthorized possession of a firearm. Concretely, this means that the prosecution must prove that the accused had no legal authority to possess any firearm. 2.2 The prosecution has failed to show that the accused had no license to carry a firearm. The proof of the negative element is indispensable to proof of a violation of PD 1866. Without roof of this negative element, the crime is not proven. 3. Absent proof of the negative element, i.e absence of a license, the offense is not proven. The accused is innocent, he must be acquitted. Wherefore, the accused respectfully prays that the Information against him be dismissed and he be ACQUITTED of the crime charges.

City of Manila, Philippines, March 1, 2007.

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STELLE VAILOCES-GO Attorney for Accused

Attorney’s Roll No. 54286 – May 15, 1998 PTR No. 0040444 / 16 January 2012 / Makati City IBP Lifetime Member No. 01984 O.R. NO. 511472 – Issued on Aug. 24, 2000 Issued at IBP National Office, Pasig City MCLE 2nd Compliance No. II – 0012841 / 25 September 2011 MCLE 3rd Compliance No. III – 0006255 / 23 June 2012 Both issued at MCLE Office, IBP Building, Pasig City

PROOF OS ERV RECEIVED COPY this __ day of ________, 2007.Name of CounselCousel for Plaintiff / Defendant (adverse party)Roll of Attorneys No. ______ IBP OR No. ______, issued on ______ at _________.PTR OR No. ______, issued on ________ at ________ NOTICE OF HEARING Name of counsel Counsel for __(adverse party)__ Address: Sir / Ma’am:

Please be informed that the undersigned counsel has set the foregoing motion (or petition) for hearing on ______ at 8:30 a.m. for the consideration of the Honorable Court or soon thereafter as counsel may be heard. Signature of Counsel EXPLANATION 1 Copy of the foregoing complaint was served upon defendant’s counsel by registered mail, personalservice not being practicable at the present time, due to the messengerial constraints.

Copy furnished by personal service: Pros. Jose P. Rodriguez Assistant City Prosecutor – Public Prosecutor City Prosecution Office Hall of Justice Makati City Received by:__________________________ Date Received:________________________

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Reg. Receipt No._______________________ Copy furnished by registered mail due to distance: